Social Legislation Flashcards
What is agency?
1868
by the contract of agency a person binds himself to render some service [or] to do something in representation or on behalf of another, with the consent or authority of the latter
Kinds of Agency
- express v. implied
- gratuitous v. compensation
- general v. special
- couched in general terms v. couched in special terms
- ostensible v. simple
Compulsory Coverage
Coverage of Employees
Compulsory Coverage
Coverage of Employers
a.
b. a foreign gov’t, international org or its wholly-owned instrumentality
Compulsory Coverage
Coverage of Self-Employed
a self-employed person is any person whose income is not derived from employment as well as those persons enumerated in Section 9-A
The persons in section 9-A
Compulsory Coverage
Coverage of OFWs
a. sea-based & land-based based, not over 60 years
b. manning agencies are considered -Ers of sea-based OFWs
note
- upon termination of employment overseas, OFWs may continue to pay contributions on voluntary basis
you have a firm with a secretary and a messegner.
are you still self-employed?
No, -Er
Who are part of VOLUNTARY COVERAGE
(mostly Compulsor BAR questions)
- Separated Members
- Filipino Permanent Migrants
- Non-Working Spouse
What is the Effectivity of Coverage of:
a. Ee
b. Er
c. Se
a. on the first day of employment
b. on first day of operation
c. upon registration w/ SSS
note:
are Probationary employees covered by SS? a p
yes, effective day of coverage is EMPLOYMENT & regardless of their status (regular, seasonal, etc.)
BENEFICIARIES
The legal beneficiaries of a member are:
- legally married dependent spouse until he or she remarries
- Dependent | legitimate, legitimated, or legally adopted and illegitimate children
the spouse is separated de facto, is spouse sill a beneficiary?
if the spouse is married validly a 2nd time, still?
No, there is a presumption that the spouse is not legally dependent
No, as the deceased spouse’s pension is no longer needed
SSS LAW DEPENDENTS
- The legal spouse entitled by law to receive support from the member;
- The legitimate, legitimated or legally adopted, and illegitimate child who:
➔ is unmarried,
➔ not gainfully employed, and
➔ Has not reached twenty-one (21) years of age, or
if over twenty-one (21) years of age,
➔ he is congenitally or while still a minor has been permanently
incapacitated and
➔ incapable of self- support, physically or mentally - The parent who is receiving regular support from the member.
What does “Gainful Employment”?
Refers to one who is employed/self-employed where he/she renders regular work and
receives compensation or derives income for at least six (6) continuous months in any
given year, as shown in the member’s contributions records/ACOP, or based on findings
two common law wives and one legal wife
is the legal wife qualified?
Signey v. SSS
only legal wife and the children are qualified and the common ones are not.
determine if legal wife is dependent, in this case there was separatoin de facto
SC ruled that the benefit goes to the children
Man marries and then secondly marries another
the 2nd “wife” did not submit any proof w/n the first marriage is annulled.
In the eyes of the law, there is only one marriage and the 2nd wife is not married
SSC v. Azote
Can a leagl wife separated de facto
GR: No, there is no more
XPN: it is a spresumption and can submit proove that the H&W are still living together unless it is proved that she is capable of providing for herslf
SSS v. Delos Santos
Macalinao v. Macalinao
dependency in Delos Santos, in this case, there was an issue raised in the SC because there is Separation De Facto and issue if legal wife is qualified to the benefits and the SC affirmed.
SC made distinguish on SS Law and GSI law. There is a particular word that affirms the qualifiecation of the legal wife, that is, DEPENDENT which is not found in the POEA Memo Circular (application is in favor of legal wife) even if there’s
BENEFITS
Sickness Benefit Requirements (Un-P-U-N)
- The member is Unable to work due to sickness or injury and is confined either in a hospital or at home for at least four (4) days.
- The member has Paid at least 3 months of
contributions within the 12-month period
immediately before the semester of sickness or
injury. - The member has Used all company sick leaves
with pay for the current year and has duly
notified his Er. - The member must Notify the SSS by filing a
sickness benefit application if he is separated
from employment, a self-employed or voluntary
member, including OFW-member. (Sec. 2, Rule
25, IRR, R.A. No. 11199)
NOTE: No contributions paid retroactively by selfemployed, voluntary member, or OFWs shall be used in determining his/her eligibility to sickness benefit wherein the date of payment is within or after the semester of contingency
Req #2
Oct 2006 (sick for 20 days)
July 2006 - Dec 2oo 2006 (one semester)
July 2005-June 2006 (12 month period before semester) –> check if there is 3 months contribution
qualified?
Req #3
Monthly Salary Credit (MSC)
6 MSC / 180 days = Average Daily Salary Credit (ADSC)
16k/mnth
what is the ADSC?
what is the sickness benefit
- 533.33
- 533.33 x (20 days) x (.9) =
SSC v. Favila
SC mentioned affidavits. therefore these can be filed to the SCC to prove dependency.
difference between Labor COde and SS Law on Disability Benefit
Dolera v. SSS
Sec. 13-A(c) of SS Law
Member of SSS and common law spouse and they had a child. After retirement, the member died. Before he died & after retirement, he got married with the common law spouse
Not legally married to the member as the date of the disability which was struck down by the SC because it would have qualified before and after of the date which is prohibited by the equal protection clause
the reason why Congress added “as of the date of disability” is to prevent sham marriages where they marry just to get the benefit.
